Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis (...) when it comes to the punishment of unjust combatants, and I show how in an important sense just and unjust combatants are morally equal. I contend that the individualistic and quid pro quo perspective of the self-defense analysis fails to consider properly how the international community, morally speaking, ought to treat combatants, and I set forth four elements of justice applicable to war, which, together, support the conclusion that in principle the international community should not take on the activity of punishing combatants solely for fighting on the unjust side. (shrink)

Thomas Hobbes denied both that opinion provides access to truth and that it ought to be protected from political manipulation. Hobbes knew that his contempt for opinion put him at odds with the classical tradition of political philosophy. What he could not have known was that it also would put him at odds with modern, liberal democracy, which protects opinions—the opinions of the public—that it cannot invest with truth value.

In Kant’s “Doctrine of Right” there is a philosophical and interpretive puzzle surrounding the translation of a key concept: Gewalt. Should we translate it as “force,” “power,” or “violence”? This raises both general questions in Kant’s legal-political philosophy as well as puzzles regarding Kant’s definitions of “barbarism,” “anarchy,” “despotism,” and “republic” as the four possible political conditions. First, I argue that we have good textual reasons for translating Gewalt as “violence”—a translation which has the advantage that it answers these questions (...) and puzzles convincingly. Translating Gewalt as “violence” has two further, somewhat surprising advantages. It allows us to explain how human beings can be caught in situations with no morally good ways out, and it gives us an ideal Kantian refutation of the death penalty. I then explore Kant’s account of the establishment of public authorities by means of an analogy between the birth and development of a natural person (a human being) and an artificial one (a state). This analogy helps to clarify the difference between the necessary coercive element involved in ideally establishing a state and the likely violence involved in actually establishing one. The third and final section uses the ideas of barbarism, anarchy, despotism, and republic to identify four different types of political forces operating at any given time in actual historical societies. Once we use Kant’s theory to improve our understanding of the various challenges our historical societies present, we also realize the importance and usefulness of philosophical precision when we translate Gewalt as “violence” and correctly define barbarism, anarchy, despotism, and republic. (shrink)

In this article, I analyze the circumstances of justice, that is, the background conditions that are necessary and sufficient for justice to exist between individual parties in society. Contemporary political philosophers almost unanimously accept an account of these circumstances attributed to David Hume. I argue that the conditions of this standard account are neither sufficient nor necessary conditions for justice. In particular, I contend that both a Hobbesian state of nature and a prisoner’s dilemma are cases in which the conditions (...) of the standard account obtain and yet no justice exists between parties. I propose an alternative set of generic circumstances of justice motivated by examples from game theory. Parties are in these generic circumstances with respect to each other when: (1) they are engaged in a conflictual coordination game with multiple strict Nash equilibrium points where, at any of these equilibria, some parties do not receive their greatest payoffs, and (2) they have common knowledge that each party is rational and follows her end of a strict equilibrium where no party receives her greatest payoff. These two conditions reflect the idea that justice requires all parties to make some sacrifices so that others can have more of the goods they need and want. I argue that these generic circumstances are necessary and sufficient conditions for parties to follow generic norms of justice, that is, mutually beneficial practices that require some sacrifices. Key Words: common knowledge • conflictual coordination • correlated equilibrium • moderate selfishness • moderate variable scarcity • rough equality. (shrink)

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome example (...) advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (shrink)

In the Social Contract Rousseau gives what could be called a philosophical rule of recognition for law in Modernity: a law is law if and only if 'the whole people rules over the whole people'. Thus, he defines self-legislation as, at bottom, collective intentional action. I will first map out the speech act structure [LEX] underlying self-legislation on this account. In particular, I argue for a first person plural counterpart of the reflexive structure inherent to intentions generally: the notion of (...) a collective self. Then I take issue with Bratman's analysis of shared intentional activity in terms of mutuality, submitting that it misses out on the specifically political presupposition involved in 'doing something together'. I will show why 'mutuality' requires representation of the unity of a polity, and how this representation can take form without either external authority or mutual responsiveness. (shrink)

This contribution investigates the intimate relation and the tension between legal and literary procedures of personification and subjectivation. In order to do so, the contribution turns to Kafka’s The Trial and examines the proximity of the juridical procedure depicted in the novel, intending to establish Josef K. as a subject, to the narrative procedures of the novel itself that aims at bringing forth an accountable protagonist. The intimate relation of the legal procedures described in the novel and the narrative ones (...) of the novel itself is rooted in a shared historical heritage that impacts both. I argue that the fundamental configuration of advocacy in the classical rhetorical procedure: speaking for someone, against someone, in front of an other, lies at the basis of both legal and literary procedures. Against this common rhetorical background I investigate developments in legal procedures and the formation of the modern novel in the nineteenth and early twentieth century. Both developments occlude the rhetorical mechanisms of speaking-for and speaking against and turn the rhetorical procedures of personification into mechanisms of subjectivation. Kafka’s Proceß reflects these developments, yet does not affirm this transformation and ultimately does not result in a guilty subject and a ‘believable’ character. Rather, the novel embodies a gesture of resistance against certain modes of subjectivation that seem to be prevalent both in modern law and in the novel of formation. (shrink)

Considering the relationship between human autonomy, law and technology has deep origins. Both technology studies and legal theory tell origin stories about human autonomy as the prize from either a foundational technological or jurisprudential event. In these narratives either law is considered a second order consequence of technology or technology is revealed as a second order consequence of law. In the alternative what is suggested is a foundation story drawing upon human autonomy as human responsibility for law and technology and (...) for the stories told about them. (shrink)

Albert Camus’ reflection in _The Myth of Sisyphus_ presents the absurd, the intrusion of the meaningless and irrational universe into the order and future focus of modern life. Central to Camus’ reading of Sisyphus and his dammed eternal labour, was time. Camus clearly saw that modernity and modern life was predicated on tensions in time. Moderns perceived, and lived, in the timescale of past-present-future. A commitment to chronology that promised an allusion of meaning within a world of essential meaninglessness. Modern (...) law, the law forged by the structural violence of positivism and sovereignty, shared this commitment to time. However, transitions to the digital are presenting different relationships of law and time. Emergent digital legality manifests a Sisyphean closed loop of repeat, return and enclosure, past and future become a blurred undistinguished present. The modern terror of mundane life that Camus tried to recast, seems intensified and totalised in the digital. However, rather than the possibility of the joy of the absurd, there is something else. Sisyphus, Camus imaged, had weathered to look like his rock, but he never merges with it. But in the unfolding of the digital and its legality, the secure subjectivity that Camus exalted is less then certain. This might not be bad. (shrink)

This article is about time. It is about time, or more precisely, about the absence of time in law’s digital future. It is also about time travelling and the seemingly ever-popular BBC science fiction television series Doctor Who. Further, it is about law’s timefullness; about law’s pictorial past and the ‘visual baroque’ of its chronological fused future. Ultimately, it is about a time paradox of seeing time run to a time when time runs ‘No More!’ This ‘timey-wimey’ article is in (...) three parts. The first part looks to a hazy remembered past of the legal emblem tradition as presented in Peter Goodrich’s Legal Emblems and the Art of Law to learn visual literacy and also to glimpse the essential elements of modern legality with authority, decision and violence. The second part maps how these images and icons of modern legality are manifest in the Doctor Who fiftieth year anniversary special ‘The Day of the Doctor.’ The third stage looks beyond these first order meanings to understand the chronological chaos of ‘The Day of the Doctor.’ The technicity of the image as a portal through time and space that the narrative revolves around charts the implications for the digital end of time for law. (shrink)

In recent years, we have witnessed renewed interest in metaphors in political theory. In this context, Hobbes’s theory of metaphor is of great importance as it helps us understand aesthetic qualities in theory and politics. This article argues that in the work of Hobbes – often portrayed as hostile to the use of metaphor, especially so by himself – there is a remarkable discrepancy between his professed enmity to metaphor and his own use of the very word ‘metaphor’. In a (...) philosopher who censures conceptual imprecision, we find a fundamentally inconsistent and ever-changing use of this key term. This inconsistency can be accounted for if we relate it to Hobbes’s own often neglected poetics and his theory of the need for conceptual innovation. This will help solve riddles that have haunted Hobbes studies. Moreover, we must discover Hobbes’s theory of metaphor as a source of potential insights into the way in which political and theoretical languages operate with regard to aesthetic pleasure through linguistic change. Hobbes’s theory can thus make us understand the importance of something being new, that is, how theoretical languages need novelty in order to be pleasant and persuasive. (shrink)

Epicurean contractarianism is an attempt to reconcile individualistic hedonism with a robust account of justice. The pursuit of pleasure and the requirements of justice, however, have seemed to be incompatible to many commentators, both ancient and modern. It is not clear how it is possible to reconcile hedonism with the demands of justice. Furthermore, it is not clear why, even if Epicurean contractarianism is possible, it would be necessary for Epicureans to endorse a social contract. I argue here that Epicurean (...) contractarianism is both possible and necessary once we understand Epicurean practical rationality in a new way. We are left with an appealing version of teleological, individualistic contractarianism that is significantly different from Hobbesian contractarianism. (shrink)

We present a theory of honor violence as a form of costly signaling. Two types of honor violence are identified: revenge and purification. Both types are amenable to a signaling analysis whereby the violent behavior is a signal that can be used by out-groups to draw inferences about the nature of the signaling group, thereby helping to solve perennial problems of social cooperation: deterrence and assurance. The analysis shows that apparently gratuitous acts of violence can be part of a system (...) of norms that are Pareto superior to alternatives without such signals. For societies that lack mechanisms of governance to deter aggression or to enforce contracts, norms of honor can be a rational means of achieving these functions. The theory also suggests that cultures can become trapped in inefficient equilibria owing to path-dependent phenomena. In other words, costly signals of honor may continue to be sent even when they are no longer providing useful information. (shrink)

Power and leadership are typically theorized as exercises of sovereignty in the western tradition of thought. This essay takes up Michel Foucault’s challenge to escape the ‘spell of monarchy’ in our thinking in order to move beyond sovereign models of power. Interdisciplinary scholarship on complex adaptive systems provides fertile ground for this endeavor, illustrating the dynamics of post-sovereign power and opportunities for post-sovereign leadership. Viewing human organizations as complex adaptive systems helps us to theorize leadership without over-simplifying its nature or (...) exaggerating its potential. It also undermines the prevailing identification of sovereign power as the only antidote for anarchy. (shrink)

In including a well-regulated pride among the virtues that are both useful and agreeable to oneself, Hume challenges not only theological, but also secular accounts that view pride as a vice. I examine Hume's evolving views on pride in relation to the secular view that regards pride as vicious. I suggest Hume's account of pride in his later moral philosophy has a new emphasis on dignity, and reflects a distinctively modern outlook on the role of humanity in evaluating virtue and (...) vice. (shrink)

In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...) building upon an account of the modern state as a moral agent proper, capable of both culpable moral and legal wrongdoing. I then consider objections to the intelligibility and legitimacy of subjecting states to domestic criminal processes, which primarily find their source in the assumption that such subjection would necessarily involve the state prosecuting, judging, and punishing itself. I argue that whether this (questionable) assumption is sound or not, it does not create the kinds of unsolvable quandaries its exponents think it does. I then move on to reject the distinct, yet related, objection that, at least in aspiring liberal jurisdictions, treating the state as a criminal objectionably involves extending to it various substantive and procedural guarantees that, given its nature and raison d’être, it should not have. Finally, I discuss three central objections to punishing the state. First, that organizations like states do not have the phenomenal consciousness required to suffer punishment. Second, that the constant possibility of dispersion of state punishment amongst individual members stands in the way of its justification. Lastly, that whatever justification there may be for making things harder for the state in response to its culpable wrongdoing, such treatment need not be understood as punishment. While partially conceding the strength of these objections, I strive to loosen their grip in ways that show that justified punishment of the state, meaningfully understood as such, remains a distinct possibility. I conclude by contrasting supposed alternatives to the criminalization of states, and by contending that my analysis leaves us with enough to keep the possibility of state criminalization on the table as a justifiable response to state wrongdoing. (shrink)

Using both Confucian texts and the work of American pragmatist John Dewey, this book offers a distinctly Confucian model of democracy.

Purpose. The purpose of the study lies in critical reconstruction of Thomas Hobbes’s social contract theory as an important principle not only of modern political anthropology, but also of modern and postmodern social projects. As well as, in the unfolding of the fundamentally important both for the newest social-philosophical and philosophical-anthropological discourses of the thesis that each individual is the origin of both personal and institutional freedom and justice, making the contract first of all with himself, with his desires and (...) sorrows and then with other people and the state. Theoretical basis. The principle of social contract offered by Hobbes became a new social, methodologically significant and relevant principle of regulation of activity, which indicates essential for the modern political philosophy and the philosophy of law transition from teleological to legal ideas of justice. For an in-depth study of the philosophical and anthropological aspects of Hobbes’s contractualism, we used the historical-comparative and contextualization method, as well as the works of leading native and foreign researchers of Hobbes, who uphold the provisions on the organic affiliation of fundamental socio-philosophical and philosophical-anthropological questions about the nature of man, the relation of coercion, freedom and justice with the discourse of social contract. Originality. On the basis of a consistent analysis of the anthropological component of Hobbes’s theory of social contract, an in-depth understanding of modern contractualism and contemporary discussions in the field of its existential and anthropological component is offered, as well as the thesis that political anthropology is the core of the philosophical anthropology because it makes possible the methodologically important understanding of the basic problems of human existence – the interaction of justice and freedom, self-interest and public good, as well as it quite clearly outlines the ways to overcome the dilemmas of liberalism and communitarianism, individualism and holism. Conclusions. Political anthropology of T. Hobbes constructed in the context of a modern social project, justified the issue of interaction between freedom and justice, which is fundamentally important to nowadays, through the search for such a way of social relations, in which an individual, being in the realm of social existence, would seek to limit his own selfishness and freedom for the sake of the common will of the majority. Thanks to Hobbes, the idea of external humility in disobedience to the inner, of freedom of conscience as a "human and citizen", of an understanding of individual independence, which is not just a permissible but accepted by state power, has been acquired with exceptional theoretical and practical meaning. Thanks to Hobbes’s works, the essence was revealed by the relationship between the cooperative and the conflicted vision of man. (shrink)

Ideas about soul and body – about thinking or remembering, mind and life, brain and self – remain both diverse and controversial in our neurocentric age. The history of these ideas is significant both in its own right and to aid our understanding of the complex sources and nature of our concepts of mind, cognition, and psychology, which are all terms with puzzling, difficult histories. These topics are not the domain of specialists alone, and studies of emotion, perception, or reasoning (...) have never been isolated theoretical endeavours. As Francis Bacon described human philosophy or ‘the knowledge of ourselves’, within which he located the study of body, soul, and mind, it ‘deserveth the more accurate handling, by how much it toucheth us more nearly’ (1605/ 2000: 93). The history of ideas in these domains is particularly challenging given the practical dimensions and implications of theories of mind. Because theories of human nature and debates about body and mind do ‘touch us’ so ‘nearly’, they attract and can thus reveal, in specific historical contexts, interconnected discourses or associations which may be quite unlike our own. So there are no neat boundaries around a historical category of ‘seventeenth-century British philosophy of the soul’. The central topic of this chapter can be thought of either as pneumatology, the doctrine or science of spirits and souls, or as continuous with the ‘psychologia’ or psychology of Aristotelian traditions (Park and Kessler 1988; Hatfield 1995: 184-6). In neither case, however, should we expect any deep unity to be provided by history, geography, discipline, or subject-matter. (shrink)

Modern management reporting on its company''s performance is influenced by individuals ethical considerations. Stakeholders philosophies have continued to change over the last 75 years affecting reporting systems for companies reporting information internally and externally. These fundamental changes in philosophy have affected how information is conveyed. We are not claiming that only one philosophical viewpoint dominates companies reporting practices, but there does appear to be a changing trend of philosophies building on one another. We use resource dependence theory in relationship to (...) a decision-making model to explain changing stakeholders positions over time. This paper argues that six dominant philosophical theories have influenced the way individuals and organizations report financial and other information. Further, these philosophies then are depicted in a model that helps us to understand what influences companies to present themselves to the outside world. A vignette is used to depict changing philosophical views for several companies management report over 75 years. (shrink)

The second-wave feminist critique of privacy defies the liberal opposition between the public-political and the private-personal. Feminist thinkers such as Hanisch, Young or Fraser note that, according to this liberal conception, public institutions often keep asymmetric power relations between private agents away from political discussion and action. The resulting subordination of some agents to others tends, therefore, to be naturalised and redefined as a «personal problem». Drawing on these contributions, this article reviews the social and political implications of big data (...) exploitation and questions whether personal data protection must remain a matter of «privacy self-management». It aims to show that feminist political theory can decidedly help to identify and tackle the root causes of what I call «data domination».La crítica feminista de segunda ola a la privacidad desafía la oposición liberal entre lo público-político y lo privado-personal. Pensadoras feministas como Hanisch, Young o Fraser señalan que, de acuerdo con esta concepción liberal, las instituciones públicas a menudo dejan fuera de la discusión y la acción política las relaciones de poder asimétricas entre agentes privados. La resultante subordinación de unos agentes a otros tiende, por tanto, a ser naturalizada y redefinida como un «problema personal». Basándose en estas contribuciones, este artículo revisa las implicaciones sociales y políticas de la explotación de datos masivos y cuestiona si la protección de los datos personales debe continuar siendo una cuestión de «auto-gestión de la privacidad». Su objetivo es mostrar que la teoría política feminista puede ayudar decididamente a identificar y enfrentar las causas de lo que llamo «dominación a través de los datos». (shrink)

This article argues that, contrary to conventional wisdom, Xunzi’s and Hobbes’s understandings of human nature are qualitatively different, which is responsible for the difference in their respective normative political theory of a civil polity. This article has two main theses: first, where Hobbes’s deepest concern was with human beings’ unsocial passions, Xunzi was most concerned with human beings’ appetitive desires ( yu 欲), material self-interest, and resulting social strife; second, as a result, where Hobbes strove to transform the pathological (anti-)politics (...) of resentment into the politics of recognition by creating rational egalitarian citizenship under the all-encompassing constitutional sovereign power, Xunzi attempted to nourish human beings’ basic appetitive desires ( yu 欲) by instituting a li 禮 ordered civil entity. This article concludes by showing how Confucian civility that Xunzi reconstructed by means of the li 禮 can effectively deal with unsocial passions. (shrink)

The article analyses the components of the presumption of innocence and tries to clarify some of the conceptual and logical difficulties surrounding the notion of ‘innocence’ and the structure of legal presumptions. It is argued that all conceivable literal interpretations of the maxim make little or no sense, and that the presumptions form is, as such, devoid of original content: presumptions do not explain nor justify anything but are auxiliary norms which refer to the legal consequences spelled out in other (...) norms. Therefore, the presumption of innocence can be used to express any kind of requirement and standard for the criminal process and the treatment of suspect citizens only in a tautological, albeit rhetorically forceful, way. This instrumental use of the presumption of innocence is theoretically without merit but can be practically beneficial as long as there is no developed system of fundamental rights and protections of individual freedoms in a given legal order. Finally, a functional understanding of the presumption of innocence is proposed which gives it an original, though limited field of application as a guarantee of the procedure itself, in particular of the openness of the outcome. (shrink)

Many philosophers claim that it cannot be the case that a person ought to perform an action if this person cannot perform this action. However, most of these philosophers do not give arguments for the truth of this claim. In this paper, I argue that it is plausible to interpret this claim in such a way that it is entailed by the claim that there cannot be a reason for a person to perform an action if it is impossible that (...) this person will perform this action. I then give three arguments for the truth of the latter claim, which are also arguments for the truth of the former claim as I interpret it. (shrink)

The most defensible justifications of war in the European intellectual tradition hold that war is instrumentally necessary for the maintenance of peace and order. An investigation of Ancient Chinese philosophical attitudes towards war calls this assumption into question. The closest parallel to an instrumental concept of war is found in the Legalist school, but historical experience in China has rejected this. The Confucian school, especially Mencius and Xunxi, insists that war is not instrumental in creating social order, but derives from (...) the prior establishing of cultural and political authority, and thus must be punitive in nature. Even the use of “punitive expeditions” is not instrumental, but rather demonstrative or performative in nature, for if coercive methods are necessary, the authority to use them is arguably absent. War for the Chinese, then, is not justified by the necessity for creating public order, but is in itself a sign of the failure to achieve such an order. This contrasts sharply with the views of the dominant Western thinkers on war, such as Michael Walzer, whose positions insist upon the instrumental necessity of armed force, even to the point of absurdity. The ancient Chinese position suggests that this necessity may be ungrounded. (shrink)

In this paper, I argue that Spinoza’s political theory gives us a model for how he might have approached a treatise on moral education. Indeed, his account of the method and aims of politics resembles Renaissance humanist rhetorical approaches to pedagogy – particularly, the work of sixteenth century Spanish humanist Juan Luis Vives – so strongly that it is hardly an exaggeration conclude that, for him, politics is education writ large. For Spinoza and for Vives, the governor-or-instructor must study the (...) prevailing character, or ingenium, of the subject and adopt means that promote the cognitive and emotional development of the subject, which can be accomplished only to the extent that subjects willingly participate in their own governance-or-instruction. Spinoza joins this rhetorical procedure to a Hobbesian scientific approach to studying ingenia, resulting in a political method that is part science, part art. (shrink)

After rejecting substance dualism, some naturalists embrace patternism. It states that persons are bodies and that bodies are material machines running abstract person programs. Following Aristotle, these person programs are souls. Patternists adopt four-dimensionalist theories of persistence: Bodies are 3D stages of 4D lives. Patternism permits at least six types of life after death. It permits quantum immortality, teleportation, salvation through advanced technology, promotion out of a simulated reality, computational monadology, and the revision theory of resurrection.

Two priority problems frustrate our understanding of Spinoza on desire [cupiditas]. The first problem concerns the relationship between desire and the other two primary affects, joy [laetitia] and sadness [tristitia]. Desire seems to be the oddball of this troika, not only because, contrary to the very definition of an affect, desires do not themselves consist in changes in one's power of acting, but also because desire seems at once more and less basic than joy and sadness. The second problem concerns (...) the priority of desires and evaluative judgements. While 3p9s and 3p39s suggest that evaluative judgements are posterior to desires, Andrew Youpa has recently argued that passages in Ethics 4 indicate that rational evaluative judgements can give rise to, rather than arise out of, desires. I aim to offer solutions to these problems that reveal the elegance and coherence of Spinoza's account of motivation. Ultimately, I argue that whereas emotions and d.. (shrink)

This paper attempts to square libertarian principles with the reality of formal education by asking how far we should and can allow people to do as they wish in educational settings. The major focus is on children in schools, as the concept ‘childhood’ ipso facto implies restrictions on doing as one wishes, and schools as institutions entail inevitable constraints. Children by definition tend to enjoy stronger protection rights but weaker liberty rights than adults. A local preferential calculus is developed as (...) a guide for teachers, suggesting wishes should be granted where feasible and at least welfare neutral. In the case of teachers, employers set the parameters for the feasibility criterion but should also ensure at least welfare neutrality, while students in adult and higher education should be responsible for the feasibility and welfare outcomes of their own choices. (shrink)

We suffer from genealogical anxiety when we worry that the contingent origins of our representations, once revealed, will somehow undermine or cast doubt on those representations. Is such anxiety ever rational? Many have apparently thought so, from pre-Socratic critics of Greek theology to contemporary evolutionary debunkers of morality. One strategy for vindicating critical genealogies is to see them as undermining the epistemic standing of our representations—the justification of our beliefs, the aptness of our concepts, and so on. I argue that (...) this strategy is not as promising as it might first seem. Instead, I suggest that critical genealogies can wield a sort of meta-epistemic power; in so far as we wish to resist the genealogical critic, we are under pressure to see ourselves as the beneficiaries of a certain kind of good luck: what I call genealogical luck. But there is also a resolutely non-epistemic way of understanding the power of critical genealogies, one that is essential, I argue, for understanding the genealogical projects of various theorists, including Nietzsche and Catharine MacKinnon. For critical genealogies can reveal what it is that our representations do—and what we, in turn, might do with them. (shrink)

Abstract Bentham favored a free press as an instrument of public control of the state, in the interest of the general happiness. Kant favored free public discussion as an instrument for the development and expression of autonomous rationality. But a free press embodied in the property rights of the owners of the press may well fail to achieve either Benthamite or Kantian goals. Such goals lead to a personal right to communicate rather than to a corporate right to press freedom.

Contemporary Christian ethics encounters the challenge to communicate genuinely Christian normative orientations within the scientific debate in such a way as to render these orientations comprehensible, and to maintain or enhance their plausibility even for non-Christians. This essay, therefore, proceeds from a biblical motif, takes up certain themes from the Christian tradition (in particular the idea of social justice), and connects both with a compelling contemporary approach to ethics by secular moral philosophy, i.e. with Axel Honneth's reception of Hegel, as (...) based on Hegel's theory of recognition. As a first step, elements of an ethics of recognition are developed on the basis of an anthropological recourse to the conditions of intersubjective encounters. These conditions are then brought to bear on the idea of social justice, as developed in the social-Catholic tradition, and as systematically explored in the Pastoral Letter of the United States Conference of Catholic Bishops, Economic Justice For All (1986). Proceeding from this basis, aspects of a Christian ethics of community service with regard to long-term care can be defined. (shrink)

Collective action is a much-discussed topic today, but not in the historiography of philosophy. Therefore, I would like to contribute a little bit to our understanding of the history of this concept by exploring the political philosophy of Thomas Aquinas. A compelling interpretation of his treatise On Kingship emerges when we read it not, as is often the case, in terms of his moral perfectionism, but as expressing the idea that the political community is an artificial and distinct subject of (...) agency. Thus, the political philosophy of On Kingship turns out to be congenial to contemporary approaches to collective action. (shrink)

The open borders view is frequently dismissed for making infeasible demands. This is a potent strategy. Unlike normative arguments regarding open borders, which tend to be relatively intractable, the charge of infeasibility is supposed to operate as what we call a "normative argument-stopper." Nonetheless, we argue that the strategy fails. Bringing about open borders is perfectly feasible on the most plausible account of feasibility. We consider and reject what we take to be the only three credible ways to save the (...) charge of infeasibility: by proposing an alternative account of feasibility; by proposing an alternative, more circumscribed interpretation of the subject-matter of feasibility claims; and by proposing a more expansive account of the addressees of the demand for open borders. The first fails to vindicate the claim that infeasibility is a normative argument-stopper. The second does not provide an argument against open borders at all. The third underestimates the power of at least some non-state actors. We conclude by drawing some lessons for the open borders view and the use of feasibility in politics more generally. (shrink)

Contemporary experimental philosophers sometimes use versions of an argument from the history of philosophy to defend the claim that what they do is philosophy. Although experimental philosophers conduct surveys and carry out what appear to be experiments in psychology, making them methodologically different from most analytic philosophers working today, techniques like theirs were not out of the ordinary in the philosophy of the past, early modern philosophy in particular. Or so some of them argue. This paper disputes the argument, citing (...) important differences between early modern philosopher-scientists – Descartes, Hobbes and Boyle – and their supposed modern counterparts. Although there is some continuity between early modern philosopher-scientists and the contemporary experimentalists, it is mostly a continuity of interest in empirically informed philosophy, not a distinctively experimental philosophy. (shrink)

No one has expressed the destructive power of Darwinian theory more effectively than Daniel Dennett. Others have recognized that the theory of evolution offers us a universal acid, but Dennett, bless his heart, coined the term. Many have appreciated that the mechanism of random variation and natural selection is a substrate-neutral algorithm that operates at every level of organization from the macromolecular to the mental, at every time scale from the geological epoch to the nanosecond. But it took Dennett to (...) express the idea in a polysyllable or two. These two features of Darwinism undermine more wishful thinking about the way the world is than any other brace of notions since mechanism was vindicated in physics. (shrink)

A concept of merit is used for spiritual accounting in many religious traditions, seemingly a substantial point of connection between religion and ordinary morality. Teachings of “merit transfer” (as in Buddhism and Roman Catholicism) might make us doubt this connection since they violate the principle that merit must be earned. If we examine the structure of ordinary schemes of desert, however, we find that personal worth is posited for a variety of reasons; the basic requirement in this realm is not (...) earning by individuals but rather a community’s program for cultivating desirable collaboration among its members. There are strong enough parallels between religiously envisioned merit transfer and socially normal conferrals and sharings of worth that we can conclude that the religious posits of transferred merit are indeed comprehensible as merit, whatever other problems of comprehensibility they pose. (shrink)

This article offers a political reading of Franz Kafka's posthumous work The Trial. In this novel, the main protagonist is subject to an arrest and trial conducted by the ambiguous authority of a shadowy court and its officials. This article explores Joseph K.'s experience of being subject to the Law, and relates this to our own understanding and experience of political subjectivity in modern times. K.'s doomed search for order through a ‘permanent resolution’ of his case is related to the (...) modern desire for order: Specifically, the desire for both philosophical and political frameworks that provide narratives or certainty. Here modernity is understood to be characterized by an anxiety brought about by a crisis in authorship and authority. The article then considers K.'s desire for justice and the Law, and his entanglement with the power of the court, as analogous to the modern experience of the triad of justice–law–power, which is subsumed under the banner of ‘sovereignty’. In particular, the article explores K.'s inability to locate, read, or fix the Law; a problem that is also reflected in the aporia of sovereignty as justice–law–power. K.'s experience alerts us to the contradictions in the triad justice–law–power; contradictions that occur as although each member of the triad is dependent upon the other two, each member of the triad also seeks to exclude or deny this dependency. Thus, read politically, K.'s struggle in The Trial can be seen as a reflection of the modern struggle with sovereignty as the triad justice–law–power, and the impasse that K. reaches is also the impasse that modernity has reached. (shrink)

Kant held that human beings are competitive and not very good at living together in harmony. He also held that the principle of one’s own happiness is the central opponent of the principle of morality. According to Allen Wood, these claims are related: the competitive tendencies Kant attributes to human nature reveal, according to Wood, that the very shape of our human idea of happiness is derived from a deep-seated arrogance, incompatible with morality. I argue, by contrast, that although Kant’s (...) discussion of human nature reveals that human happiness is complicated by interpersonal comparisons and tensions, these are not immoral and require no claims of innate human arrogance for their explanation. Consequently, these aspects of human nature are not themselves the reason that Kant considers our desire for happiness to be in conflict with our morality. (shrink)

If it was a matter of hunting a deer, everyone well realized that he must remain faithful to his post; but if a hare happened to pass within reach of one of them, we cannot doubt that he would have gone off in pursuit of it without scruple..." Rousseau's story of the hunt leaves many questions open. What are the values of a hare and of an individual's share of the deer given a successful hunt? What is the probability that (...) the hunt will be successful if all participants remain faithful to the hunt? Might two deer hunters decide to chase the hare? (shrink)

Anger is often an appropriate reaction to harms and injustices, but is it a politically beneficial one? Martha Nussbaum (Journal of the American Philosophical Association 1 (1), 41–56, 2015, Anger and Forgiveness. Oxford University Press, 2016) has argued that, although anger is useful in initially recruiting agents for action, anger is typically counterproductive to securing the political aims of those harmed. After the initial shockwave of outrage, Nussbaum argues that to be effective at enacting positive social change, groups and individuals (...) alike, must move quickly out of the state of anger. Feminist theorists (Frye, The Politics of Reality. Crossing Press, 1983; Lorde, 1997; Narayan, Hypatia 3 (2): 31–48, 1988) on the other hand have for long highlighted the efficacy of anger, as well as its moral and epistemic value, in fighting against the oppressive status quo. It might be thought therefore that for political action to be effective, a continued state of anger is preferable. Protestors must after all create and sustain a sense of moral obligation and justice. A main way of doing so is to promote successive moral shocks that trigger outrage (Jasper, Emotion Review 6 (3): 208–213, 2014). I present a novel, empirically informed defense of anger’s efficacy in political action. Nussbaum holds a traditional view on the nature of anger, inherited from Aristotle and the Stoics, which holds that anger constitutively involves a desire for retribution. The view that anger is counterproductive falls out of this and is dominant in academic work as well as in our personal and political lives. Based on work in social psychology, I argue that we need to reconsider this. In doing so, I highlight anger’s aim for recognition, rather than retribution, as key. Furthermore, I uncover conditions for anger’s political efficacy, as well as reasons for why the traditional view of anger has been so pervasive. (shrink)

Why has Schmitt's political theology been influential among some Chinese scholars? It is pointed out in this article that this special phenomenon resulted from the Chinese awareness of the deep crisis within modern politics as well as the Chinese hope for the alternative model of modern politics. To these Chinese scholars, Schmitt, by making clear the hidden theological dimension of modern politics, seems to have offered both a sharp criticism of the tendency of mechanization of the state and a creative (...) proposal to save modern politics. Based on the analysis of the reasons for these Chinese scholars' preference for Schmitt's political theology to Marx's criticism of modern politics, it is also argued that this acceptance of Schmitt's political theology could actually hamper the Chinese efforts toward new possibilities of modern politics. (shrink)

. The concept of bodily health is problematic for mechanists like Descartes, as it seems that they need to appeal to something extrinsic to a machine, i.e., its purpose, to determine whether the machine is working well or badly, and so healthy or unhealthy. I take issue with this claim. By drawing on the history of medicine, I suggest that in the seventeenth century there was space for a non-teleological account of health. I further argue that mechanists can and did (...) appeal to structural integrity, as a non-teleological notion of form, to ground the norms required for ascriptions of health. (shrink)

Jokes are sometimes morally objectionable, and sometimes they are not. What’s the relationship between a joke’s being morally objectionable and its being funny? Philosophers’ answers to this question run the gamut. In this paper I present a new argument for the view that the negative moral value of a joke can affect its comedic value both positively and negatively.

The concept of free will states that when more than one alternative is available to an individual, he/she chooses freely and voluntarily to render an action in any given context. A question arises, how do human beings choose to perform an action in a given context? What happens to an individual who compels him/her to choose an action out of many alternatives? The behaviorists state that free will guides individuals to choose an action voluntarily. Therefore, he/she is morally responsible for (...) his/her voluntary actions. This paper attempts to answer whether a person’s action is an outcome of his/her ‘moral luck’ or ‘designated cerebral cortex processes’? While answering this question the paper examines the relation between principle of causality and free will of a person. It analyses what causes free will. It elucidates use of free will for decision-making process(es), and the relation between human beings’ actions and their moral responsibility. This paper concludes that human beings are conscious of their free will. Free will decides their actions; therefore, they are morally responsible for their voluntary actions. This paper argues that free will is an emergent property of ‘immaterial soul’. (shrink)